When Is an Estate Inventory Prepared?

After the death of a relative, many people assume that a probate hearing automatically takes place in every case. Probate proceedings, however, are a more complex process, and one of their key elements is the estate inventory.

But when is an estate inventory prepared, who draws it up, and why is it needed? Below we summarise the most important points.

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What Is an Estate Inventory?

The estate inventory is an official document containing the known details of the deceased’s estate.

The inventory may include, among other things:

• the deceased’s real estate;
• their vehicles;
• their bank accounts;
• their securities;
• their shareholding in a business association;
• their known debts;
• as well as the personal data relevant to the succession.

The estate inventory serves as the basis for the probate proceedings conducted before the notary public.

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Is an Estate Inventory Prepared After Every Death?

No.

Preparing an estate inventory is not mandatory in every case.

The legislation on probate proceedings specifies the cases in which an inventory must be taken, and those in which it is drawn up for other reasons.

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In Which Cases Is an Estate Inventory Mandatory?

An estate inventory must be prepared in particular if the estate includes:

• real estate;
• a property right of pecuniary value registered in the land registry;
• a domestic or foreign asset of significant value;
• a business share or other holding in a business association;
• a registered or recorded asset (for example, a vehicle);
• an asset whose transfer requires an official procedure.

Taking an estate inventory may also be mandatory if:

• one of the heirs lacks legal capacity or is a minor;
• an heir whose whereabouts are unknown is involved;
• the circumstances of the succession are disputed;
• the estate is disclaimed or another special legal situation arises.

The precise rules for each case are set out in the Hungarian Act on Probate Proceedings.

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Who Prepares the Estate Inventory?

The estate inventory is usually taken by the notary (clerk) of the local municipality with jurisdiction over the deceased’s last domestic residence, or by an administrator appointed by them.

Data may also be obtained from various registers for the purposes of the inventory, and the heirs’ declarations play an important role as well.

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What Must Be Reported During the Estate Inventory?

The heirs are advised to provide information on every asset that may form part of the estate.

These may include, for example:

• real properties;
• vehicles;
• bank accounts;
• securities;
• business shares;
• claims;
• movable assets of higher value.

Reporting known debts is also important, since these too may form part of the estate.

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What Happens After the Estate Inventory Is Prepared?

Once the inventory has been prepared, the case file is forwarded to the competent notary public.

The notary examines:

• who the potential heirs are;
• whether a will was made;
• whether further evidence is required;
• and when the estate can be transferred.

The notary then issues the order transferring the estate, holding a probate hearing if necessary.

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What Happens If an Asset Is Left Out of the Estate Inventory?

It may happen that no one is aware of a particular asset when the estate inventory is prepared, or that its existence only becomes known later.

In such a case, supplementary probate proceedings may be conducted, in which the succession of the subsequently discovered asset is decided separately.

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When Is It Worth Consulting a Lawyer?

Although the estate inventory is not prepared by a lawyer, in many cases it is advisable to seek legal assistance at this stage already.

Consulting a lawyer is particularly recommended if:

• there is a dispute about what belongs to the estate;
• the estate includes real property or a business of significant value;
• there are foreign assets as well;
• one of the heirs disagrees with the content of the inventory;
• the interpretation of a will or an inheritance contract arises.

Legal advice sought in good time can prevent many later disputes and procedural difficulties.

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Frequently Asked Questions

Is an estate inventory mandatory in every case?

No. An estate inventory is taken in the cases specified by law, and where the circumstances of the case justify it.

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Who draws up the estate inventory?

The estate inventory is usually prepared by the local municipality with jurisdiction over the deceased’s last domestic residence, and is then forwarded to the competent notary public.

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What happens if it turns out later that there was another asset?

In that case, supplementary probate proceedings may be conducted, in which the succession of the subsequently discovered estate asset is decided.

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Must the deceased’s debts also be reported?

Yes. An estate may consist not only of assets but also of certain obligations, so known debts should also be reported.

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What is the difference between the estate inventory and the probate hearing?

The estate inventory serves to collect the details of the estate, while the probate hearing is conducted by the notary public in order to establish the order of succession and transfer the estate to the heirs.

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Summary

The estate inventory is one of the most important preparatory steps of probate proceedings. It is not drawn up automatically after every death, but in many cases the law makes it mandatory. The inventory ensures that the notary public can decide on the succession based on adequate data, so it is especially important for the heirs to provide full information about the assets and known debts belonging to the estate. If the composition of the estate is disputed or involves assets of significant value, it is advisable to seek the assistance of a lawyer experienced in succession law even before the estate inventory is taken.